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abh?
2 Answers
Assult occasioning ABH (Offences against the person act 1861) Section 47.
This is a first offence a drunken row. It has now gone to the Crown Court after the Prosecutor waited two months to press charges. This is completly out of the Defences charector he has many excellent charector references which uphold this. There is no real evidence that shows the defence causing the injuries the prosecution sustained.
What are the possible outcomes for him?
This is a first offence a drunken row. It has now gone to the Crown Court after the Prosecutor waited two months to press charges. This is completly out of the Defences charector he has many excellent charector references which uphold this. There is no real evidence that shows the defence causing the injuries the prosecution sustained.
What are the possible outcomes for him?
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When considering sentence, the judge has first to consider the extent of the victims injuries, and the way that they were caused. (e.g. Was a weapon used? Was the assault pre-meditated).. Those considerations will direct him to a 'starting point' for sentencing, and will also define the range of sentencing which (unless there are very exceptional circumstances) he must remain within.
The judge will refer to this document:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
It's the table on page 17 that's relevant. However, those guideline sentences apply to a first-time offender convicted after a trial. An early guilty plea would result in a reduction of those sentences.
The majority of ABH cases, involving first-time offenders, don't result in a custodial sentence. However, the defendant needs to be aware that the usual reason that magistrates send cases to the Crown court is because they believe that their sentencing powers (of up to 6 months imprisonment) might be insufficient. This does not automatically mean that the offender will be sent to prison for more than 6 months. (Judges frequently disregard the views of magistrates, and they always try to avoid imposing custodial sentences where possible). However, as the table on P17 shows, custody certainly remains a possibility.
Chris
The judge will refer to this document:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
It's the table on page 17 that's relevant. However, those guideline sentences apply to a first-time offender convicted after a trial. An early guilty plea would result in a reduction of those sentences.
The majority of ABH cases, involving first-time offenders, don't result in a custodial sentence. However, the defendant needs to be aware that the usual reason that magistrates send cases to the Crown court is because they believe that their sentencing powers (of up to 6 months imprisonment) might be insufficient. This does not automatically mean that the offender will be sent to prison for more than 6 months. (Judges frequently disregard the views of magistrates, and they always try to avoid imposing custodial sentences where possible). However, as the table on P17 shows, custody certainly remains a possibility.
Chris
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